HomeMy WebLinkAboutMinutes BZA 05-27-97 1
CARMEL/CLAY BOARD OF ZONING APPEALS
MAY 27, 1997 C.ARMEUCLAY
PL" COMMISSICABZA
UNOFFICIAL MINUTES
The regularly scheduled meeting of the Carmel/Clay Board of Zoning Appeals came to order at
approximately 7:00 PM in the Council Chambers of City Hall, One Civic Square, Carmel, Indiana.
Members present were: Dick Klar, Earlene Plavchak; and Charles Weinkauf.
Mark Monroe and Terry Jones were present representing the Department of Community Services;
also present was John Molitor, Counsel.
The minutes of the April 28th meeting were approved as submitted.
F. Legal Counsel Report
a) The Task Force which has been working on the Telecommunications Tower
Regulations has been completed and presented to the Plan Commission. There will be one
more meeting of the Task Force on May 29th to consider a few issues raised at the Plan
Commission meeting. A Special Meeting of the Plan Commission will be held June 3rd in
order to vote on the proposed ordinance.
b) Mr. Molitor advised the Commission of a Supreme Court case today relating to takings
(from California). It is thought that there is no immediate impact on any business before
the Commission; however, it was essentially favorable to property rights and indicated that
when property is taken, the Government is responsible for paying compensation to the
property owner.
EL PUBLIC HEARING:
lh. Ison Fence (V-23-97)
Petitioner seeks a Development Standards Variance of Section 25.2.2 of the Carmel/Clay
Zoning Ordinance to allow an increase in the allowable height of a fence from 6 feet to 8
feet. The site is located at 10853 Sedgemoore Circle within the Bridlebourne Subdivision.
The site is zoned S-1/Residence.
Filed by Steve and Nancy Ison.
Nancy Ison, 10853 Sedgemoore Circle, Carmel appeared before the Board requested a Variance
from Section 25.2.2 to allow a fence height of 8 feet in their rear yard. The fence is black, chain
link; the majority is completely hidden in the woods. The fence is not obtrusive to the neighbors
and acts as a safety barrier for the property. The fence does not encroach on the adjoining
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properties, and no trees were cut in order to accommodate the fence. The fence is viewed as a
safety/precautionary measure in regard to the neighborhood children who might inadvertently
wander onto the property--there is a drainage ditch which could be an enticement for children.
As a matter of record, Mr. Weinkauf reported that the Board had received letters in support of
the fence from neighbors adjacent to the Isons.
Mark Monroe reported that the Department recommends approving the fence.
Upon formal motion for approval made by Dick Kiar and duly seconded, Docket No. V-23-97,
Icon Fence was APPROVED 3-0.
Charles Weinkauf read a letter addressed to the Board from Larry J. Wallace of Parr Richey
Obremskey & Morton in regard to Docket Nos. UV-28-97 and A-31-97, and Docket Nos. UV-
29-97 and A-32-97, Sprint PCS Commercial Mobile Radio Service, Public Utility Antenna
Projects, requesting that these items be tabled until the City Council passes an Ordinance
concerning the antennas.
James Buddenbaum appeared before the Board on behalf of Sprint PCS and asked that the
projects be tabled until July; TABLED UNTIL DULY
Item 4h. Cellular One Tower (UV-30-97) and
Item 7h. Cellular One Tower (A-33-97) were TABLED UNTIL JUKE 1V1TETING.
8h. Finance Center Federal Credit Union (UV-34-97)
Petitioner seeks approval of a use variance to operate a bank within a residential district.
The site is located at 2902 East 96th Street (1 property west of Day Drive.) Site is zoned
S-2/Residence.
Filed by Charles Frankenberger of Nelson and Frankenberger.
Charlie Frankenberger, 4983 St. Charles Place, Carmel appeared before the Board representing
the applicant. Approval is being sought for a use variance which would allow the construction of
a financial institution. Also in attendance were: Connie Thomas, Finance Center Federal Credit
Union, and Jim Shinaver of Mr. Frankenberger's office.
The parcel is located near the intersection of Keystone Avenue and 96th Street, with frontage on
96th Street. Currently, there is a home on the site which will be razed. The real estate is zoned
S-2, but the character of the surrounding real estate has changed substantially. The petitioner
believes those changes to be inconsistent with the development of the real estate as S-2 single
family residential in a manner consistent with the style and quality of the homes that border the
real estate on the north and west.
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The Keystone corridor and 96th Street have emerged as commercially prolific areas. To the west
there are an engineer's office and dental office, both of which exist by virtue of previously granted
use variances, and both of which are converted residences. To the east of the subject site is Tom
Wood Ford and Lexus, and slightly north is the Lighthouse Tabernacle; south of 96th Street in
Marion County are various commercial uses including a service station, Hardee's Restaurant, strip
center, car wash, motel, and various office buildings.
The petitioner believes that under the Comprehensive Plan, the real estate is suited for low
intensity, regional, commercial employment. The proposed Use Variance provides a tailored
solution to the changed circumstances of the neighborhood without changing the underlying
zoning. After meeting with the neighbors in the immediate area, the petitioner has agreed to
retain significant preservation areas. The Use Variance will apply only to the 2.11 acres which
has frontage on 96th Street rather than the entire 4.89 acre site. The petitioner has agreed to the
retention of a tree preservation/greenbelt which is a 40 foot strip to the east; on the north is a 100
foot strip; and on the west is a 40 foot strip. The tree preservation/greenbelt buffer is in the form
of a written commitment and will be recorded in the Hamilton County Recorder's Office.
The logo will not appear on the signage and will be in conformance with the Sign Ordinance.
There is an existing curb cut which will be relocated farther to the east. Verbal approval of the
relocation has been given by the Hamilton County Highway Department, subject to the posting of
a bond and the dedication of additional real estate to accommodate the anticipated expansion of
96th Street--the petitioner has agreed to the dedication.
The petitioner has appeared before the Technical Advisory Committee and the Department. Per
the Department's request, the petitioner has agreed to landbank some of the parking until such
future date when it is needed. As a part of the original construction, the petitioner has also agreed
to install sidewalks.
Members of the public were invited to speak in favor of the proposed project; the following
appeared:
John Kassebaum, 2503 Pleasant Way West Drive, Indianapolis appeared before the Board in
support of the proposed use variance. The greenbelt buffers provide reasonable boundaries
between any commercial development and the adjacent residential properties. Mr. Kassebaum
was complimentary of the project and the steps utilized by the petitioner in involving the residents
of the area to bring about the change.
Members of the public were invited to speak in opposition to the proposed project; none appeared
and the public hearing was closed.
Mark Monroe reported that the Department's typical recommendation for such a project would be
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for a rezone process; however the petitioner has pursued the use variance. This particular project
has outstanding comments from the County Surveyor's Office which have not yet been addressed,
and the Department would ask that Board approval be made contingent to the Surveyor's
comments being addressed.
Dick Klar moved for the approval of UV-34-97, Finance Center Federal Credit Union,
CONTINGENT upon resolving the issues specified by the County Surveyor; APPROVED 3-0.
NOTE: Items 9h. and 10h. were heard together.
9h. McCord Porch Variance (V-36-97)
Petitioner seeks variance of Section 5.4.5 of the Carmel/Clay Zoning Ordinance to reduce
the required rear yard setback from 20 feet to 10 feet. The site is located at 9644
Greentree Drive within the Greentree Subdivision. The site is zoned S-1/Residence.
Filed by Adrian McCord of Heartwood Enterprises.
10h. McCord Porch Variance (V-37-97)
Petitioner seeks a variance of Section 26.2.19 of the Carmel/Clay Zoning Ordinance to
reduce the required front yard setback from 50 feet to 45 feet. The site is located at 9644
Greentree Drive within the Greentree Subdivision. The site is zoned S-1/Residence.
Filed by Adrian McCord of Heartwood Enterprises.
Adrian McCord, 9721 Sycamore Road, Carmel, appeared before the Board requesting a Variance
from setback requirements of the Carmel/Clay Zoning Ordinance. The petitioner stated that the
house was built on the lot line on the west and north sides, allowing the east and south sides the
only location to construct the porch.
Members of the public were invited to speak in favor or opposition to the proposed project; none
appeared and the public hearing was closed.
Mark Monroe commented that the lot is unique, pie-shaped with two sides and one side that faces
the street. This particular lot already has a variance for the garage which was constructed on the
western part of the lot. The Greentree Subdivision front yard setback was platted at 50 feet
which is 10 feet over the typical S-1 setback requirement today. Because of the unique shape of
the lot, it is difficult to identify a rear or side yard; both side lot lines could probably be called rear
yard setbacks which would necessitate the second variance for the rear yard setback, thereby
necessitating the second variance for rear yard setback. The Department recommends approval.
Dick Klar moved for the approval of Dockets V-36-97 and V-37-97, McCord Porch Variance;
APPROVED 3-0.
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NOTE: Items 11 h., 12h., and 13h. were heard together.
11h. Days Inn (V-38-97)
Petitioner seeks a variance of Section 23C.7 of the Carmel/Clay Zoning Ordinance to
reduce the required lot size from 3 acres to 2 acres. The site is located at 9797 North
Michigan Road. The site is zoned B-6Business and is located within the U.S. 421
Overlay Zone.
Filed by Vimal Patel.
12h. Days Inn (V-39-97)
Petitioner seeks a variance of Section 23C.8.2 of the Carmel/Clay Zoning Ordinance to
reduce the required side yard setback from 120 feet (three times the building height) to 75
feet. The site is located at 9797 North Michigan Road. The site is zoned B-6/Business.
Filed by Vimal Patel.
13h. Days Inn (V-40-97)
Petitioner seeks a variance of Section 23C.10.2 of the Carmel/Clay Zoning Ordinance to
reduce the required side landscape yard from 30 feet to 10 feet. The site is located at
9797 North Michigan Road. The site is zoned B-6Business.
Filed by Vimal Patel.
Ron Hansell, 1205 West 64th Street, Indianapolis appeared before the Board representing the
applicant. Also in attendance were: Vimal Patel, Chang Patel, and D.S. Patel, all interested
parties. The applicant is seeking variances from the Zoning Ordinances in regard to the proposed
construction of Days Inn Suites to be located at 9797 North Michigan Road.
Mr. Hansell stated that the subject site consists of lots 5, 6, and 7 of New Augusta, Section 2, and
platted in 1947. These lots are presently under consideration for replatting before the Plan
Commission. Mr. Hansell went through the history of ownership and dates of the indicated lots.
The landscaping requirement as it relates to the north line of the property is being requested to be
reduced from 30 feet to 10 feet. Mr. Hansell reported that the Variance to reduce the required
side yard setback from 120 feet (three times the building height) to 75 feet only affects the owner
of lot 4 . Mr. Hansell read a letter from the current owner of lot 4 stating his awareness of the
U.S. 421 Overlay Zone requirements that existing residential structures are entitled to a buffer
zone of three times the height from such proposed structure, and that the proposed structure is
not to exceed 40 feet in height....and also stating that they are not opposed to the proposed
structure being closer than the required 120 feet from their existing residential structure, since the
current owner intends to develop lot 4 in the future and raze the existing dwelling structure. The
property is currently under lease to Mark Childers, but the lease does not entitle him to unlimited
possession; the Childers do not intend to remain in the property for more than a year at most.
The owner of lot 4 waived any requirement for setback or buffer to their existing residential
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structure from the proposed Days Inn Suites.
Members of the public were invited to speak in favor of the proposed project; none appeared.
Members of the public were invited to speak in opposition to the proposed project; the following
appeared:
Paul Lande, 3714 West 97th Street, Carmel, was opposed for the following reasons: drainage
and water runoff., traffic during peak hours; too large a structure on too small a parcel; and the
clearing of mature trees (pictures submitted) in order to build the Days Inns.
Bruce Bittner, attorney with Church, Church, Hittle & Antrim, appeared before the Board
representing area residents Brian Shapiro and Mike Daher, was opposed to the variance reducing
the site to two acres from three acres. Mr. Bittner's clients are not in favor of reducing the site
from three acres to two acres and are in support of the Ordinance and the Overlay Zone.
Drainage was also cited as an issue. There are several mature trees on the site and clearing these
would have an adverse impact on the value of properties to the east. The taking of proposed
right-of-way will further reduce the size of the parcel
Phillip Lande, secretary of A&A Development Corporation, owner of Pyramid Corner North
strip center located on Michigan Road between 96th and 97th Streets, expressed opposition due
to traffic. Mr. Lande felt that with the widening of Michigan Road, the parking lot for Days Inn
Suites would be reduced substantially and their guests would be utilizing A&A's parking lot.
Ron Hansell again addressed the Board and stated that the Michigan Road improvements had
been taken into consideration in the design of the proposed project; there is substantial setback
from the Michigan Road. The drainage and design detail are being worked on with the County
Surveyor in an attempt to resolve the issues. Mr. Hansell stated that the traffic issue had been
addressed last October; the petitioner exceeds the required parking. Mr. Hansell stated that none
of the adjacent properties meets the 3 acre requirement.
In response to questions from Charles Weinkauf, the Department asked the petitioner to provide
written documentation showing that the lot is an undersized lot and is "grandfathered" by the
Overlay Zone Ordinance. Based on this evening's presentation, the variance for lot size is
unnecessary and not needed.
Charles Weinkauf asked that Mr. Hansell provide the Department with the requested information
and recommended that items 12h. and 13h. be tabled until such time as item 11h., 3 acres vs 2
acres, is clarified.
Earlene Plavchak asked for more information regarding the drainage to determine the impact on
surrounding properties.
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Dick Klar moved to TABLE Items llh., 12h., and 13h., Days Inn Suites, until the June
meeting; MOTION APPROVED 3-0.
14h. Little Friends Day Care Center (SU-41-97)
Petitioner seeks special use approval to operate a day nursery within a residential district.
The site is located at 64 Winona Drive within the Newark Village Subdivision. The site is
zoned R-2/Residence.
Filed by Tarleton Ware of Little Friends Day Care Center.
Tarleton Ware, 636 Willowick, Carmel appeared before the Board requesting approval for a day
care center at 64 Winona Drive for the care of 15 to 18 children,just east of the Ace Hardware
property. The exterior of the house will not be altered in any way. The petitioner reported that
they are installing an area to the rear in order to meet the parking needs.
Members of the public were invited to speak in favor or opposition to the proposed project; none
appeared and the public hearing was closed.
Mr. Weinkauf asked for clarification regarding the drawings; parking will accommodate a total of
eight spaces.
Mark Monroe reported that the petitioner had appeared before the Technical Advisory Committee
and their concerns had been addressed. The Department is requesting that the petitioner work
with the City Engineer so as not to create any drainage problem at the time the additional paving
and curbing is constructed for the parking lot.
Dick Klar moved for the approval of SU-41-97, Little Friends Day Care Center; APPROVED
3-0.
15h. Modisett Variance (V-42-97)
WITHDRAWN BY 173E PE 1'ITIONER
L Old Business:
Note: Items li.; 3i.; and 4i. were heard together but voted on separately. Item 2i. was
WTTHDRAWN BY PETITIONER
li. First Baptist Church of Cannel (SU-24-97)
Petitioner seeks special use approval to construct a 17,000 square feet addition to the
existing Church. The site is located at the northeast corner of 126th Street and Keystone
Avenue. The site is zoned R-2/Residence and is located within the Keystone Overlay
Zone. (The petitioner has also filed an Architectural Design, Landscaping, Lighting, and
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Signage application with the Plan Commission.)
Filed by Jim Burroughs of Ice Miller Donadio & Ryan.
3i. First Baptist Church of Carmel (V-26-97)
Petitioner seeks a Developmental Standards Variance of Section 23 A.0 of the
Carmel/Clay Zoning Ordinance to allow a reduction in the required greenbelt along
Keystone Avenue from 30 feet to 15 feet. The site is located at the northeast corner of
126th Street and Keystone Avenue. The site is zoned R-2/Residence and is located within
the Keystone Overlay Zone. (The petitioner has also filed an Architectural Design,
Landscaping, Lighting, and Signage application with the Plan Commission.)
Filed by Jim Burroughs of Ice Miller Donadio and Ryan.
4i. First Baptist Church of Carmel (V-27-97)
Petitioner seeks a Developmental Standards Variance of Section 23 A.O of the
Carmel/Clay Zoning Ordinance to allow the parking lot to encroach 15 feet into the
required 30 feet of greenbelt. The site is located at the northeast corner of 126th Street
and Keystone Avenue. The site is located at the northeast corner of 126th Street and
Keystone Avenue. The site is zoned R-2/Residence and is located within the Keystone
Overlay Zone. (The petitioner has also filed an Architectural Design, Landscaping,
Lighting, and Signage application with the Plan Commission.)
Filed by Jim Burroughs of Ice Miller Donadio and Ryan.
Jim Burroughs, attorney with Ice Miller Donadio and Ryan, One American Square, Indianapolis
appeared before the Board representing the applicant. Mr. Burroughs submitted letters to the
Board from various and sundry members of the Church in support of the proposed project and
related variances. Ken Carr, project architect, and Pastor Joseph Flatt were also in attendance.
The proposed expansion will include a new administrative wing, a classroom wing, and a multi-
purpose building. Two variances are being sought in connection with the proposed expansion.
At public hearing, there were drainage concerns raised by Councilor Bartreall and a number of the
neighbors. The petitioner reported that Mr. Battreall had talked with the City Engineer who
reported that she was fully satisfied that there would not be a drainage problem created by this
development. Councillor Battreall also stated that his concerns with the project had been fully
satisfied and he did not intend to appear this evening.
The Board had suggested that the multi-purpose building be moved farther south in order to
mitigate any perceived effect on the property owners to the north. The building has been moved
to the south by approximately 9 feet and the building height has been reduced slightly below that
permitted by the Ordinance.
Ken Carr, architect, 5635 ElmSwamp Road, Lebanon stated that the impact of the multi-purpose
room had been reviewed in order to determine whether or not the perceived impact due to height
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and proximity to the north property line could be reduced. A number of changes were made in
response to comments from the Board and public. The new multi-purpose building does not
encroach on either the visual space or physical space required for the existing, east entrance. The
change in height is now 24 ft. 10 inches which is 2 inches less than the ordinance maximum. The
petitioner feels it has shown their desire to be cooperative and have tried to satisfy the neighbors'
concerns by reducing the height of the building and moving it south.
Jim Burroughs stated that the previous arguments also apply to the amended plan and the revised
Findings of Fact. Mr. Burroughs referred to the professional opinion of a registered appraiser
stating that there is no adverse effect on adjacent property values The extensive landscaping
provided in the original plan includes a double row of evergreen trees situated along the north side
of the property as well as other trees throughout the property.
The Use is believed to be consistent with the character and permitted land use of the zoning
district in the Carmel/Clay Comprehensive Plan. The multi-purpose room is a church use and not
a commercial use.
Mr. Weinkauf recognized a number of church congregation members in attendance who were in
support of the proposed expansion.
Ron Finan, 1101 High Court, Carmel neighbor directly behind the church parking lot spoke to the
changes and stated that they were not as dramatic as were asked; the building has been moved 9
feet south rather than 20 feet. Mr. Finan thought the Church had expanded a storage area to the
rear of the building which, in effect, negates the move. Mr. Finan still felt that the building would
be an eyesore from his perspective; his property is only screened by foliage 3 months out of the
year. Mr. Finan still felt that the multi-purpose room would be used as a business. Mr. Finan
stated that the intersection of 126th and Keystone still had standing water this past weekend. Mr.
Finan was also concerned about noise from the air conditioning units.
Bill Taylor, 1049 High Court, Carmel, neighbor to the immediate west of Mr. Finan, stated that
the exception boiled down to the multi-purpose building. Mr. Taylor displayed on the overhead
his remedy for design of the interior of the building. Mr. Taylor thought the building could be
"flip-flopped" for better usage of land and building design. Mr. Taylor felt the Church could do a
better job of screening their homes.
Kevin Carr explained that the storage area remains the same, even though the building has been
shifted south--it is in the same location--there are no doors or windows,just brick wall. As to
ventilation: It is incorporated through the heating/ventilation/air-conditioning units. The air
conditioning units will be residential, split type systems: There will be a furnace to the inside and
outside will be a ground mounted condensing unit, approximately 3 ft. sq. The multi-purpose
building will have a unitary type heating/cooling until which is self contained (furnace and air
conditioning,) which sits outside on a pad, the duct work goes through the wall. All heating and
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cooling and ventilation will be done through these units. There is also a single phase residential
type electrical service--this will not be changed to a commercial/industrial system, the church does
not have the voltage to convert. The multi-purpose building will accommodate a court size of
50X84 which is high school size. Also, to flip the building would not be suitable to the interior
plan of the building and would not be workable.
Mark Monroe reported that the Department is recommending approval of the Special Use
application and the two remaining variance application.
Dick Klar moved for the approval of SU-24-97, First Baptist Church of Carmel, APPROVED
3-0.
Dick Klar moved for the approval of V-26-97, and V-27-97, First Baptist Church of Carmel,
APPROVED 3-0.
The meeting was then adjourned at 9:45 PM into Executive Session.
Charles W. Weinkau President
Ramona Hancock, Secretary
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